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Thursday, March 14, 2013

Skeleton Argument 2 - Sample Plea in Mitigation - Example

Assault occasioning bodily harm.

Opening

Good Morning Sir, I appear before you on behalf of my client ___________who has been charged with assault occasioning bodily harm contrary to S.47 of the Offences Against the Person Act, 1861, to make a plea in mitigation.

I put to you that there are some mitigating factors that ought to be considered prior to sentencing.

May I proceed Sir (ask permission)

Incident

I put to you that my client was [ provoked - etc ]. The assault did not result in serious bodily harm.

Aggravating Factors and Greater Degree of Harm

Madam my I submit to you that:

· The offence was not premeditated (he was provoked and not motivated by any prior grudge of any nature)

· My client was under the influence of alcohol; however

· But there was no deliberate bodily harm and the intent to cause bodily harm was not there.

I submit to you that my client does not possess any factors for the greater degree of harm. The factors are: